Kishan Vaishnav vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with F.I.R. No.170/2023, Police Station Raniwara, District Jalore for the offence under Sections 363, 366 of IPC, Section 84 of Juvenile Justice (Care and Protection of Children) Act, and Section 3(2)(VA) (V)of SC/ST Act against the order dated 20.09.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jalore, District Jalore whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant submits that as per the statement of victim recorded under Sections 161 & 164 Cr.P.C., she herself admitted that she went along with the appellant to Hyderabad and no rape was committed with her by the present appellant. Challan of the case has been presented and no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. He further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 20.09.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jalore, District Jalore is set aside. It is ordered that the accused-appellant Kishan Vaishnav S/o Shri Ravi Chandra, arrested in connection with F.I.R. No.170/2023, Police Station Raniwara, District Jalore, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.